# C_2007199EN.01002701.xml

| 25.8.2007 | EN | Official Journal of the European Union | C 199/27 |
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25.8.2007

EN

Official Journal of the European Union

C 199/27

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Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 — Jose Maria Sison v Council of the European Union

(Case T-47/03) (1)

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(Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Competence of the Community - Action for annulment - Rights of the defence - Statement of reasons - Right to effective judicial protection - Action for damages)

(2007/C 199/49)

Language of the case: English

Parties

Applicant: Jose Maria Sison (Utrecht, Netherlands) (represented by J. Fermon, A. Comte, H. Schultz, D. Gurses and T. Olsson, lawyers)

Applicant:

Defendant: Council of the European Union (represented by: M. Vitsentzatos and M. Bishop, acting as Agents)

Defendant:

Interveners in support of the applicants: Negotiating Panel of the National Democratic Front of the Philippines (Utrecht); Luis G. Jalandoni (Utrecht); Fidel V. Agcaoili (Utrecht); Maria Consuelo K. Ledesma (Utrecht) (represented by B. Tomlow, lawyer)

Interveners in support of the applicants:

Interveners in support of the defendants: Kingdom of the Netherlands (represented by H. Sevenster, acting as Agent) and United Kingdom of Great Britain and Northern Ireland (represented initially by R. Caudwell and subsequently by C. Gibbs, acting as Agents, and by S. Moore, Barrister)

Interveners in support of the defendants:

Re:

Application for, first, partial annulment of Council Decision 2002/974/EC of 12 December 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/848/EC (OJ 2002 L 337, p. 85), and, secondly, compensation for damage.

Operative part of the judgment

The Court:

| 1. | Annuls Council Decision 2006/379/EC of 29 May 2006 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/930/EC in so far as it concerns the applicant; |
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1.

Annuls Council Decision 2006/379/EC of 29 May 2006 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/930/EC in so far as it concerns the applicant;

| 2. | Rejects the application for compensation; |
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2.

Rejects the application for compensation;

| 3. | Orders the Council to bear, in addition to its own costs, the applicant's costs, including those incurred in the proceedings for interim measures, and also the costs of the Negotiating Panel of the National Democratic Front of the Philippines, Luis G. Jalandoni, Fidel V. Agcaoili and Maria Consuelo K. Ledesma; |
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3.

Orders the Council to bear, in addition to its own costs, the applicant's costs, including those incurred in the proceedings for interim measures, and also the costs of the Negotiating Panel of the National Democratic Front of the Philippines, Luis G. Jalandoni, Fidel V. Agcaoili and Maria Consuelo K. Ledesma;

| 4. | Orders the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland to bear their own costs. |
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4.

Orders the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

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(1)  OJ C 101, 26.4.2003.

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